M-10/28/2003
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 28, 2003
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:53
p.m., on Tuesday, October 28, 2003, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:02 p.rn.)
Councilmember Pam O'Connor (arrived at 6:05 p.rn.)
Absent:
Councilmember Herb Katz
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
Acting City Clerk Melodi A. Pearson
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:53 p.rn., with
Councilmembers Holbrook, O'Connor and Katz absent. Acting City
Clerk Melodi Pearson, led the assemblage in the Pledge of Allegiance,
CONSENT CALENDAR: Allitems were considered and approved in one motion unless removed by
a Councilmember for discussion.
Member of the public Joey Fullmer discussed the Transit Plan. James
Blakely requested that Councilmembers review the letter he submitted
regarding re-evaluating Item I-A, the purchase of dump trucks.
At the request ofCouncilmember Feinstein, Item I-A was removed from
the Consent Calendar.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Genser, to approve all items on the Consent Calendar as presented except
Item I-A, reading resolutions and ordinances by title only and waiving
further reading thereof. The motion was approved by the following vote:
October 28, 2003
VIDEO CAMERAS
CNG FACILITY AT
CITY YARDS
SHORT RANGE
TRANSIT PLAN
DUMP TRUCKS
CLOSED SESSIONS:
Councilmember 0 'Connor
arrived at 6:05 p.m.
AYES:
Councilmembers Genser, Feinstein, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers O'Connor, Holbrook, Katz
NOES:
ABSENT:
I-B: Purchase of video cameras - recommendation to award Bid No.
2862 to Ikegami Electronics, in the amount of$242,511.74, for four
replacement video cameras and related accessories for Cable TV, was
approved.
l-C: Compressed Natural Gas Facility at City Yards-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8288 (CCS) with Weaver Electric, Inc., in the amount of
$132,000, for construction upgrades tothe CNG Facility at the City
Yards, was approved.
I-D: Short Range Transit Plan and Grant Fund application-
recommendation to authorize the City Manager to file the Short Range
Transit Plan for Fiscal Year 2004-2006 with the Los Angeles
Metropolitan Transportation Authority, and to file applications for
available funds, was approved.
I-A: Purchase of Dump Trucks - recommendation to award Bid No.
2858 to Boerner Truck Center, in the amount of$328,350AO, to
purchase two CNG powered dump trucks for the Water Division, was
presented.
Councilmember Feinstein stated that he removed this item so staff can
comment on statements made at public comment regarding the bid award.
After a short discussion, this item was withdrawn at the request of staff.
On order of the Mayor, the City Council recessed at 6:00 p.m., to hear
closed sessions and returned at 7:00 p.m., with Councilmembers Katz and
Holbrook absent, to report the following:
2-A: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 01CC4331.
ACTION:
Heard No reportable action taken.
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October 28.2003
2-B: Conference with Legal Counsel - Existing Litigation: Santa
Monica Housing Council v. City of Santa Monica, Case No. SC 074
683.
AC 'ION
Not heard
2-C: Conference with Legal Counsel - Existing Litigation: 2000
Main Street v. City of Santa Monica, Case No. SC 067 899.
ACTION:
Not heard.
2-D: Conference with Legal Counsel - Existing Litigation: Action
Apartment Association v. City of Santa Monica, Case No. BC 271062.
ACTION:
Not heard.
2-E: Conference with Legal Counsel- Existing Litigation: Freddie
Moore v. City of Santa Monica, Case No. BC 290 478.
ACTION:
Heard. No reportable action taken.
2-F: Conference with Legal Counsel - Existing Litigation: Russell
Barnard v. City of Santa Monica, Case No. BC 281367.
ACTION:
Heard. No reportable action taken.
2-G: Conference with Legal Counsel- Anticipated Litigation:
Number of cases: Five.
ACTION:
heard.
One case heard, no reportable action taken. Four cases not
ORDINANCES:
7-A: Second reading and adoption of an interim Ordinance No.
2098 (CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE
REQUIREMENT THAT NEW OR EXPANDED USES ON THE
THIRD STREET PROMENADE HAVE A PROMENADE FRONTAGE
THAT DOES NOT EXCEED FIFTY LINEAR FEET UNLESS A USE
PERMIT IS OBTAINED AND REQUIRING ANY REMAINING
PROMENADE FRONT AGE WITHIN THE BUILDING OR SITE TO
PROVIDE A MINIMUM DEPTH OF FIFTY FEET", was presented.
Councilmember Holbrook
arrived at 7:02 p.m.
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October 28. 2003
MOTORIZED MODEL
VEHICLES
STAFF ADMIN. ITEMS:
SPECIAL JOINT
MEETING
YEAR-END BUDGET
REVIEW
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to adopt ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloorn.
None
Councilmember Katz
NOES:
ABSENT:
7-B: Second reading and adoption of Ordinance No. 2099 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 4.08.190 TO PROHIBIT THE OPERATION OF
MOTORIZED MODEL VEHICLES IN BEACH PARKING LOTS,"
was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein. to adopt ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom.
None
Councilmember Katz
NOES:
ABSENT:
SPECIAL JOINT MEETING OF THE CITY COUNCIL.
REDEVELOPMENT AGENCY. AND PARKING AUTHORITY:
On order of the Mayor, the regular City Council meeting was recessed
and a joint meeting with the Redevelopment Agency and Parking
Authority convened at 7:03 p.m., with Councilmember Katz absent.
8-A: Year-End Budget Review - recommendation to approve
budget changes for FY 2002-03 and FY 2003-04, and adoption of
Resolution No. 9903 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING
SALARY RATES FOR BUILDING SERVICES ENGINEER,
EXECUTIVE ADMINISTRATIVE ASSISTANT - FINANCE, HUMAN
SERVICES ADMINISTRATOR, HUMAN SERVICES
ADMINISTRATOR - YOUTH AND FAMILY DEVELOPMENT,
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October 28, 2003
ADJOURNMENT OF
SPECIAL MEETING
SUSTAINABLE CITY
ADVISORY BODY
SUPPORT SERVICES ASS~ST ANT," was presented
Member of the public Joey Fullmer addressed various concerns.
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor. to approve budget changes. The motion was approved by the
following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
Motioned by Mayor Pro Tern McKeown. Seconded by Councilmember
Holbrook, to adopt Resolution No. 9903 (CCS), reading by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES.
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
On order of the Mayor, the Special Joint Meeting was adjourned and the
regular City Council meeting reconvened at 7:15 p.m., with
Councilmember Katz absent.
8-B: Proposed Sustainable City Advisory Body - recommendation
that Council determine whether to establish, and if so, select the most
appropriate form of Sustainable City advisory body to the City Council,
was presented.
Members ofthe public Jerry Rubin, Sandy Grant and Mark Gold spoke in
support ofthe Advisory Body.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
Genser, to create a Sustainable City Task Force with members to be
chosen by Council for their expertise,. and who mayor may not be current
Board or Commission members.
Motion to amend by Councilmember Genser to add that the term of the
Task Force be five years with the goal of ending in 2008, that City
Council receive annual progress reports, and that staffs recommendations
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October 28, 2003
DOWNTOWN DESIGN
one of the staff report "To advise Council and staff during development
and adoption of an implementation plan for the SCPo The target date for
adoption is March, 2005" and two, " Based on the adopted
implementation plan, to assist Council and staff with an initial
informational campaign. Presentations to City Boards and Commissions~
other public institutions in the community, and business resident
organizations would occur from April, 2005 through December 2005," be
used as the general outline. The motion was accepted as friendly.
Motion to amend by Councilmember Feinstein to include suggested
changes numbers three and five on page four of the staff report. After
some discussion it was determined to include only number five: "To
interact with other City Boards and Commissions and with organizations
and institutions in the community to bring SCP-related matters to their
attention in a timely manner," modified so that the process is a natural one
monitored by staff. The motion was accepted as friendly.
Motion to amend by Councilmember Genser to have City Council appoint
eleven members with expertise in Planning, Housing, Recreation and
Parks, Social Services, Environment, Education, Health Care, and with
fair representation from the fields of business, labor and neighborhood to
the Task Force. The motion was accepted as friendly.
The motion as amended, was approved by the following vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Feinstein,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT
8-C: Downtown Design Guidelines - recommendation to conduct a
discussion regarding the Downtown Design Guidelines, consider input
from public, Architectural Review Board and Planning Commission, and
provide direction to staff regarding the preliminary concepts, was
presented.
Members of the public Joey Fullmer and Jason Parry spoke in support of
affordable housing. Tom Cleys, Susan Love-Laughmiller, Nina Fresco,
Sandie Richards, Victor Fresco, Bea Nemlaha, Joel Braud, Sherrill
Kushner, and Arthur Harris spoke in support of historical preservation.
Jerry Rubin, Judy Avery, Craig D. Jones, and Doris Sosin spoke on
parking issues. Ralph Mechur spoke on the vision for 6th and "fI' Street
and Ellen Brennan spoke in opposition to narrowing 7th Street.
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October 28. 2003
RECESS:
PUBLIC HEARINGS:
Councilmember Holbrook
was excused at 11 :20 p.m.
WRITTEN
COMMUNICATIONS:
.Motion by Mayor Bloom. seconded by Councilmember Feinstein, to
direct staff to move forward with the concepts that are contained in the
Downtown Design Guidelines, taking into consideration all the comments
favorable and unfavorable, but not given any particular weight as if there
had been some kind of Council vote. The motion was approved by the
following vote:
AYES
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
None
Councilmember Katz
NOES:
ABSENT:
On order ofthe Mayor, the City Council recessed at 10:35 p.m., and
reconvened at 10:50 p.m., with Councilmember Katz absent.
9-A: Annual Homeless Senrices Report Public Hearing -
recommendation to hold a public hearing on the Annual Coordinated Plan
for Homeless Services and to accept the Homeless Services Report, was
presented.
The following members ofthe public spoke in support of homeless
services: Kathy Douglas, Randy Walburger, Jerry Rubin, Charles
Springer, Nicholas Vrataric, Art Casillas, Ana G. Jara, Brian Andrus,
Rykk Mesure, Munush, Debby Maddis and Susan Fraser.
The following members of the public spoke on some ofthe negative
impacts homeless have on some city businesses: Dr. Mike G. Guning,
Kathy Dobson, and Sean Waldron.
Motion by Mayor Bloom. seconded by Councilmember Feinstein. to
accept the Homeless Services Report.
Motion amended by Mayor Bloom to ask staff to address public
awareness of social services resources that solve homeless problems in
their work programs.
The motion, as amended was approved by voice vote with
Councilmembers Holbrook and Katz absent.
12-A: Request of Susan Glass to address Council regarding
complaints concerning hedge heights and non-compliance with City
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October 28. 2003
Councilmember Feinstein
was excused at 12:25 p.m.
COUNCIL ITEMS:
COMMISSION FOR
SENIOR COMMUNITY
PERSONNEL BOARD
ARCHITECTURAL
REVIEW BOARD
PIER RESTORATION
CORPORATION
NEIGHBORHOOD
ORGANIZATION
FUNDING PROTOCOL
RESIGNATION
codes, was presented.
Member of the public Paul Glass, Karen Doyle and Samir Yousif
expressed various concerns regarding this issue.
On order ofthe Mayor, the information was received and filed,
13-A: Appointment to one special vacancy on the Commission for
the Senior Community for a term ending June 30, 2006.
On order of the Mayor, this matter was continued to November 11,2003.
13-B: Appointment to one annual vacancy on the Personnel Board
for a term ending June 30, 2008, and one special vacancy for a term
ending June 30, 2006.
On order ofthe Mayor, this matter was continued to November 11, 2003,
13-C: Appointment to one annual vacancy on the Architectural
Review Board for a term ending June 30, 2007.
On order of the Mayor, this matter was continued to November 11,2003.
13-D: Appointment to three annual vacancies on the Pier
Restoration Corporation with terms ending November 13, 2007.
On order of the Mayor, this matter was continued to November 11, 2003
13-E: Request of Councilmember Holbrook for Council to discuss
neighborhood organization funding protocol and oversight and to
give appropriate direction to staff for program changes for 2003-04.
On order of the Mayor, this item was continued to November 11,2001
13-F: Acceptance of Mar Preston's letter of resignation from the
Commission on the Status of Women, and authorization for City
Clerk to publish vacancy.
Motion by Mayor Pro Tern McKeown.. seconded by Councilmember
Genser, to accept the letter with regrets and authorize the City Clerk to
publish the vacancy. The motion was unanimously approved by voice
vote, with Councilmembers Feinstein, Katz and Holbrook absent.
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October 28, 2003
I
I
I
CITY'S BUDGET INPUT
PROCESS
13-G: Request of Mayor Richard Bloom that the City authorize a
letter from the Council addressed to all boards and commissions
requesting assistance and input as early as possible in the City's
budget process, was presented.
Motion by Councilmember O'Connor. seconded by Mayor Bloom. to
approve request. The motion was unanimously approved by voice vote,
with Councilmembers Holbrook, Katz and Feinstein absent.
AIR POLLUTION 13-H: Request of Council member Feinstein that the City Council send
EMISSION REDUCTIONS a letter to the U.S. Environmental Protection Agency (EPA) and other
appropriate officials, requesting that the U.S. EP A commit to further
air pollution emission reductions from federally regulated sources and
that the EP A delegate more authority to Southern California to control
II j emissions from these sources.
PUBLIC INPUT:
ADJOURNMENT:
On order of the Mayor, this matter was continued to November 25,2001
Member ofthe public Marie Stone suggested funding sources for women's
shelters.
On order of the Mayor, the City Council meeting was adjourned at 12:45
a.m. to October 14,2003, in memory of Lieutenant Phillip Miller and Bob
Gundy.
ATTEST:
7Jtd~Z1~
Melodi A. Pearson
Acting City Clerk
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October 28, 2003